This is legal information only. For advice on your own circumstances, speak to a lawyer.
In-depth guides on Islamic wills, inheritance shares, probate and estate administration in Canada.
Faraid: the fixed shares
- Faraid explained: how the fixed shares actually work — The Qur'anic fractions, who takes them, how exclusion changes the answer, and where the four schools diverge.
The four madhahib
- The four madhahib on inheritance: where they agree and where they part — The agreed core, and the defined points of difference — the grandfather, distant kin, radd, and the named cases.
Probate & estate administration
- Probate in Canada: the process, the cost, the delay — What probate is for, what it costs in each province, and why a clearance certificate holds everything up.
Executors & estate trustees
- You've been named executor. What happens first? — The role in plain terms: what an estate trustee actually does, the personal liability involved, and how the janazah time
Dying without a will
- Dying without a will in Canada: what actually happens — How provincial intestacy formulas work, why they almost never match faraid, and what a family can still do afterwards.
Registered accounts, insurance & property
- Beneficiary designations: the quiet defeat of an Islamic will — How RRSPs, TFSAs, pensions and insurance pass outside the estate, and what that does to the fixed shares.
Finding & registering a will
- Finding a will in Canada when there is no registry — Where wills are actually kept, what diligent search means, and what happens when the original cannot be found.
Family, marriage & guardianship
- Guardianship and children's shares in an Islamic will — Naming a guardian, holding a minor's vested share, and where classical wilayah meets Canadian best-interests analysis.
Death, janazah & the first days
- Janazah and the first 72 hours: a practical guide — Burial permits, coroners, releasing funds for the funeral, and finding the will before anything is cleared out.
Disputes, claims & challenges
- Wills variation in British Columbia and the faraid distribution — Section 60 of WESA, the Grewal decision, and what BC families intending Islamic shares should do about it.
Tax on death
- Tax on death in Canada for Muslim families — The deemed disposition, the spousal rollover, probate fees, and how each one changes the pool the shares apply to.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position.
Islamic primary sources
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
Canadian legislation & government
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- What to do when someone has died — Canada Revenue Agency